Sunset T<
BY SUSAN USHER
A suit filed isst week hv thp .Simcpt
Beach Taxpayers Association
(SBTA) asks the court to declare
public a lot adjoining the Sunset
Beach Pier parking area and to order
removal of a fence surrounding it.
Filed Wednesday morning in
Brunswick County District Court, the
suit iists as defendants Beach Enterprises
Inc. and Sunset Beach and
Twin 1-akes Inc.. with Edward M.
Gore as a principal of both.
Three Sunset Beach property
owners?Albert N. Wells of Jacksonville.
Fla., Charles L. Smith of
Cumberland County and Whaley P.
Hunt of New York City. N.Y.; and a
H Sunset Beach resident. Frank M.
Nesmith. joined the SBTA in the suit.
I The SBTA had announced plans to
file the suit at its labor Day weekend
meeting.
The purpose of the suit, as explained
by SBTA attorney James B. Maxwell
of Durham, is to resolve the
legal question of "whether or not a
piece of property, once platted,
which shows a street or road for
public usage can thereafter be
Sullivan Seek
Support For I
A Shallotte area man announced
his intent Tuesday to file as a candidate
for the U.S. House of
Representatives come January 6.
Handy Sullivan, 34, of Shallotte,
will file on the Republican ticket for
t HP SPllt h??lM hv II C t 'onitr.irf?< ? ?
Charles (! Hose III, a Democrat.
"It looks like a lonn shot, but it may
not be." he said.
At least two other area
Republicans, Tommy IlarreLson of
Southport and Mitchell I.. Watrous of
Kayctteville, are also interested in
challenKint! Hose. Harrelson is expected
to announce his candidacy
soon, possibly after a Nov. 9 fundraisiriff
event.
The 7th District covers Brunswick,
New Hanover, Columbus. Robeson
and Cumberland counties.
Nationwide*
Concept III
Universal Life
Plan...
a remarfcatx* advance n hnan
Ciai security planrvog mat could
be tn? on?y We insurance pot<cy
you may eve* need'
Concept ill i* devoted to provide
and a
CO"ve?rve rale of return on
casn va\>es You can ta?ky cov
e'a^e to meet you* protectees
need* and your need to set
money cude tfvougn B-*> year *
And you can MXecl tf>e premajm
amount and ?rerjuency ot pay
ment lefNn poicy kmrfations i
IO Sort your ncome budget
and cjoa**
Few a* the 'act* aboi* our
Ur*ve<vai I He Plan that eon 1
Decora outcuuod fcs you' ?'c
c*ang*s cjU a Njbonvnde
musance agent uxfcry
fPfcfef W Q*ac
NCNB Building
Shallow*
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J In initial off
meml>er%hi[>%
iuntn be mad I
t to learn mart
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x payers
withdrawn." The suit is based on the
common law doert-ine of easement by
prescription, or adverse public use.
The SBTA wants the property
reopened to public use as a townowned
offstreet parking area.
However, in he opinion of the town attorney.
Michael Isenberg, the property
was withdrawn from dedication
properly. The town lias no rights
in it, he said, since 15 years have
elapsed since the offer of dedication
was made and the land was never accepted
ami opened for pubilc use in
the town's opinion.
Specifically the plaintiffs seek "a
declaratory judgment declaring the
public's right and interest to said
rieht-of-wav " nnri ? rncfrnininu
order "to prohibit the continuing
trespass and interference by the
defendants with the plaintiff's and
public's rights to an easement over
and across Sunset Boulevard from
Main Street to the Atlantic Ocean."
The SBTA asks the court for a permanent
injunction ordering removal
of the fence and any other devices
that might impede or restrain public
;s Party
J.S. House
Sullivan said he doesn't think the
area has been represented "adequately"
by Rose. Specifically, he
asserted, "Rose is not the good
representative of farmers he claims
to be."
If elected, Sullivan said one of his
main objectives would be to vote
against "all the military give-aways
to foreign countries."
Also, said Sullivan, who described
his support is church-based, "They
say we can't legislate morality, but
we can."
He attends New Idfe Assembly in
Supply.
In the residential construction
trade, Sullivan is a 1969 graduate of
Shallotte High School and a 1975
graduate of the University of North
Carolina at Wilmington He has a
B.A. degree in physical and health
education He also took courses at
Southern Methodist University,
rlustlieid College, and Christ For The
Nations Institute, all in Dallas.
He has previously worked in the
Dallas area as a teacher and in Die
admitting office of Baylor Medical
Center and In Brunswick County as a
substitute teacher. He was in the
N.C. National Guard for six years,
advancing to the rank of lieutenant.
n*~1
wholesale I
ISHALLOTTE
S^ex^uc
SUPPLY
Phone (919) 754 6000
Shollotte. N C.
reen Light |
uuiunmi
tanging!
; management.
% atmosphere.
Hodney fox are
alahaah a touch "f
er nerve yout they
inn I" a private
erinu of 270 charter
at $35 each will
?. (Mrrtf by and tin it
of a ( alabath fint!
M
I
i File Suit
use and enjoyment of the property. i
According to the complaint, the lot
in question was initially platted in i
1955 and again in 1958 as an extension <
of Sunset Boulevard to the Atlantic ,
Ocean and that even after the plat |
was changed in 1963 and public |
dedication of the property "pur- |
portedly" withdrawn in 1970. that (
public use of the property continued
"up to and through at least 1978."until
the lot was fenced in.
Those public uses, it continues, in- ,
?I.J >1.. _ti: : -i.
t iiiucvi notniii^, pen rvuif,, piiutirving,
socializing and general ingress
and egress to the Atlantic Ocean
from Main Street."
It alleges error in the timing of
deed transferrals relating to the
withdrawal of dedication and con
tends that as a result the deed that
resulted "was invalid and null and
void."
Deeds purporting to transfer the
property (as described on a plat filed
in 19611) from M.C. and Mina K. Gore
and Sunset Beach and Twin I-akes
Inc. to Beach Knterprises Inc. were
executed on Nov. 18, 1970, but were
not filed at the Brunswick County
vjHBGHcSHB
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HAM PHOIOf DAWN till NflOtD
VISTA Volunteer
Kinora Mitchell ot Itoyal Oak community
is one ot 12 VISTA
(Volunteers In Service To America)
Volunteers across the state who will
be worklug to combat Illiteracy In
North Carolina. Mitchell will be
working with the Rrunswlek County
literacy Council recruiting tutors
antl volunteers unci promoting the
program. Mitchell said, "I'm glad to
be doing this. I want to help people."
E COMPLETE INTEF
H DECORATING SER
2,C i Mini blinds
t||h Vortical blinds ^
Bd Micro blinds ^
WJ Pictures
jl Ruby Floyd
Ocean late Intercc
AwA 3 Of ?an l*lo Square
jM| OceonUle Bfotfifou\ov<o
\y S/9 >>09 I
1 1
BARNPl
Paneling
jS| |
Paneling for those *vho like thi
harnhoards
Comes m three shades of re
Ponderosa Pine face veneei
Rugged texture
12 Grooving Ge
BUILDING l
HWT 179. irrWUN OCIAI
To Estal
Courthouse until Dec. 11.
In the inosntini? the complaint indicates,
M.C. and Mina K. Gore and
Sunset Beach and Twin lakes Inc.
executed a document "which purported
to be a 'withdrawal of dedication'
" as shown in the plats that had
been recorded in 1955 and 1958. The
document was witnessed by Edward
M. Gore.
According to the complaint, the
withdrawal was filed for recording
on Dec. 7, 1970.
ii is the town's opinion thai ine property
has been properly withdrawn
from dedication. Town attorney
Michael H. Isenberg has said that the
town has no rights in it since 15 years
have elapsed since the offer of
dedication was made and the iaud
was, in the town's opinion, never accepted
and opened for public use.
On Nov. 2. 1970, the Sunset Beach
Town Council with Kilwiinl fl?rn
a voting member, passed a resolution
that "purported to reject, on behalf
of the Town of Sunset Beach, that
portion of Sunset Boulevard lying
south of Main Street and extending to
Jailer McNeil
Back On Job
A Brunswick County jailer returned
to work last week after an assault
charge against him was dismissed by
District Attorney Michael Kasley.
Bonnie McNeil was charged on
Oct. 14 with allegedly assaulting
Terry Wayne Woolen, 23, of Koutc 2,
Supply, the previous Sunday morning
as Woolen was being jailed on a driving
while impaired charge.
Kasley said the dismissal in
Brunswick County District Court on
Wedncdsday, Oct. :?), was based on
an SBI report. It revealed no
evidence corrobating Woolen's account
of wluil happened.
"Conversely," said Kasley, "the
only witnesses uvailablc?an inuuite,
a jailer and another officer-contradicted
him completely."
Without supiHirtlng evidence, he
said, the case didn't warrant prosecution.
McNeil is a two-year veteran of the
department, lie had been suspended
with pay pending the results of the
SHI investigation.
Vollpuper j yjW
(roperies (*? 'r^olll
ANK
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SURPLUS
SS#7
4 rSLI t SUHSrr, 579-356 1
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THE BRUNSWICK BEACON. 1
Dlish Pub
the Atlantic Ocean" as shown in the
1955 and 195ft nlats
While the town may have rejected
ihe offe" of dedication, the complaint
says, "that area was never rejected
by the plaintiff or other members of
the public, but had, in fact, been accepted,
used and continued to be accepted
and used at least op to and
through 1978."
The initial plat filed in 1955 by
Sunset Beach and Twin lakes, a
company organized by MX', and
mint) i\. Goiv, iiic cuuip'uum indicates,
showed the lot as an extension
of Sunset Boulevard to the Atlantic
Ocean, as did the plat filed in 1958
Lots were sold off those initial plat
and existence of the right-of-way It
the oceanfront, the complaint says
"was inducement to the individua
plaintiffs and many of the member!
of the Taxpayers Association to pur
chase their lots."
Use and acceptance of the right-of
way to the ocean, the complaint in
i -
im.<11111, i v>11v11uini i-vt'ii iiiu'i a iu*v
plat was filed in 1!X>2 that describe!
the tract as "I,ot 1-A" instead of ai
extension of the road.
Accordin;: to the complaint, in 1%8
pis T i.... . lA....;.! p is.......
Jr. and his wife Frances), the nunc
of the adjacent l.ot 28-A, obtained a
injunction prevcntinK M l' (lore am
Sunset Beach and Twin lakes Im
The Stuff and b
' Hinge trish to expri
t<t nil those who hef
ween C.tirnivul n urea
lion goes lit the folh
tirid individuals:
The I
(lath
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1a' * . 1... I I
IX I 1111 Vtl I I
Sopor I
Kirhy's
ThrKi
(lonii
(icor^t
Shallot
K?d & V
Salvation A
a.nrm ?
Careful
to your
financia
You can depend on I
financial services .
Be it checking, sa\
loan applications . .
need . . . large or sr
Seci
SAVINGS & ! OA
>))"' <17 1244. 171
I
rhursday, November 7, 1985?Page 11-A
lie Claim
"from interfering or obstructing the
public's right of way to the Atlantic
Ocean" by means of the road extension
or lot.
After the suit was settled (the firm
later quitclaimed to the ('.ore enterprises
any rights it had to the property
i public use of the tract in question
continued, the complaint indicates.
SBTA, in the complaint, describes
the fence erected around the land in
question as "wrongfully and illegally
restraining the rights of the plaintiff
<mu oiiier members ol tile public
I rum usitif! said public ripht of way."
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success. Our aoon-cia.
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attention
1 needs
it here! We offer you full
.. with a personal touch,
/in^s, retirement plaas,
. or any other financial
nail . . . depend on us!
Lirity
\ ASMK \W\0\ JL
Shallottr ( nlnhmh pq jf
7%4 4 171 17'l HOT ,